Just Leotard

TERMS & CONDITIONS

ENFORCEMENT OF TERMS AND CONDITIONS

By accessing and using the Just Leotard website you agree that your access is subject to the terms and conditions of the website as well as applicable laws.

Just Leotard terms & conditions policy follows the requirement of the Consumer Guarantee Act 1993, New Zealand.

Just Leotard reserve the right to change any information on the justletotard.com website at any time.

Just Leotard is based in New Zealand.  All orders and transactions are covered by New Zealand law.

Unless otherwise specified, all amount shown on the justleotard.com website are in New Zealand dollars (NZD).

CHANGES

We may change these Terms at any time by updating them on the Website.  Unless stated otherwise, any change takes effect immediately.  You are responsible for ensuring you are familiar with the latest Terms.  By continuing to access and use the Website, you agree to be bound by the changed Terms.

We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

These Terms were last updated on August 16, 2021. 

DEFINITIONS

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

User ID means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means Deconstructed Limited (trading as Just Leotard)

Website means justleotard.com

You means you or, if clause above applies, both you and the other person on whose behalf you are acting.

YOUR OBLIGATIONS

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a User ID, you must keep your User ID secure and:

not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to hello@justleotard.com

You must:

not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

unless with our agreement, access the Website via standard web browsers only and not by any other method.  Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

You must obtain our written permission to establish a link to our Website.  If you wish to do so, email your request to hello@justleotard.com

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.

Use of this site is at your own risk. By accessing the site you agree that you will be solely responsible for your use of this site and all your activity on it. Just Leotard reserves the right to deny access to the site at any time without notice and at our sole discretion. Harassment in any form on the site, including by email is not acceptable.

You may not upload, distribute or publish through this site any content which is defamatory, obscene, threatening, invasive of privacy, abusive, illegal or otherwise objectionable which may constitute a criminal offence, violate the rights of any party or which may otherwise give rise to liability or break any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other online organisation.

 

INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

You are not permitted to copy or use any of the information represented on the website without prior consent or in the case of the blog, acknowledging the source as www.justleotard.com. Any efforts to prejudice the rights of Just Leotard may result in legal action.

DISCLAIMERS

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

the Website being unavailable (in whole or in part) or performing slowly;

any error in, or omission from, any information made available through the Website;

any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website.  To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

any site linked from the Website.  Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries.  You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

LIABILITIES

To the maximum extent permitted by law:

you access and use the Website at your own risk; and

we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD10.

To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD10.  

 

PRIVACY POLICY

You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Website available to you.  For example, we may need to have your contact information in order to provide you with updates from our Website. 

When you provide personal information to us, we will comply with the New Zealand Privacy Act 2020.

The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.

We may also collect technical information whenever you log on to, or visit the public version of, our Website.  This may include information about the way users arrive at, browse through and interact with our Website.  We may collect this type of technical information through the use of cookies and other means.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser.  If you want to disable cookies, you may do so by changing the settings on your browser.  However, if you do so, you may not be able to use all of the functions on the Website.  We use the technical information we collect to have a better understanding of the way people use our Website, to improve the way it works and to personalise it to be more relevant and useful to your particular needs.  We may also use this information to assist in making any advertising we display on the Website more personalised and applicable to your interests.

Generally, we do not disclose personal information to third parties for them to use for their own purposes.  However, some of the circumstances in which we may do this are:

to service providers and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website);

in relation to the proposed purchase or acquisition of our business or assets; or

where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.

Any personal information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside New Zealand.  This may involve the transfer of your personal information to countries which have less legal protection for personal information than New Zealand.

You have the right to request access to and correction of any of the personal information we hold about you.  If you would like to exercise these rights, please email us at hello@justleotard.com

Please refer to our Privacy Policy page for more details.

SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

GENERAL

If we need to contact you, we may do so by email or by posting a notice on the Website.  You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of New Zealand.  Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with these Terms or the Website.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.  If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms.  The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms.  The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms. 

PRODUCT INFORMATION

We endeavour to display product colours as accurately as possible on our website. However we cannot guarantee that your monitor’s display will accurately reflect the actual colour of the product.

We undertake reasonable care to ensure that all details, descriptions and product prices appearing on our website are correct at the time when the relevant content was entered into our website. We reserve the right to refuse orders where product information has been incorrectly published, including prices and promotions.

Goods are subject to availability. As there is a delay in the time when the order is placed and the time when the order is accepted, the stock position of a certain product may change within this time period. If an item you have ordered becomes out of stock before your order has been accepted, we will notify you as soon as possible. You will not be charged for out of stock items.  Most of our products are made to order.

CHARGES

If you’re a customer whose credit card is not denominated in New Zealand dollars, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

When converting to another currency, or when an item is charged to a credit card, a price variation may occur due to fluctuating exchange rates and credit card company charges.

Once an order is sent, we take no responsibility for charges, taxes or duty incurred at receiver’s end as this can vary depending on the rules of customs in each country.

All prices displayed on the Just Leotard website are at our sole discretion. Pricing may change without notice.

CORRECTION OF ERRORS AND INACCURACIES

The information on the Just Leotard website may contain errors and may not be complete or up to date. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice. Please note that such errors may relate and not limited to product description, pricing and stock availability.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.